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<br />" <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />City agrees to compensate Special Counsel, and Special Counsel agrees to accept from <br />City, as and for payment in full for all of said services in regard to each such action, <br />compensation at the rates in Attachment A. <br /> <br />Special Counsel agrees that the City will approve all selected temporary staff prior to reporting <br />to work. <br /> <br />City, shall, within 30 days of receipt ofa bill for services rendered, pay Special Counsel <br />fees and costs, as identified in this AGREEMENT, subject to the City's accounting procedures. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above, and shall continue until <br />otherwise terminated pursuant to Section 12 of this agreement. <br /> <br />4. <br /> <br />INDEPENDENT CONTRACTOR <br /> <br />Special Counsel shall, during the entire term of this Agreement, be construed to be <br />independent contractors and not employees ofthe City. This Agreement is not intended nor shall <br />it be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Special <br />Counsel performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Special Counsel shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. <br /> <br />City shall not assume any liability for direct payment ofa Special Counsel employee's salary, <br />wages or other compensation to any Special Counsel employee performing such services for <br />City. Special Counsel shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible for all <br />applicable withholding taxes. Further, Special Counsel shall defend and indemnify City for any <br />FLSA, unemployment insurance or workers compensation claim made by a Special Counsel <br />employee assigned to City. <br /> <br />5. <br /> <br />INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Special Counsel shall <br />provide proof to the City Attorney of Professional Liability (errors and omissions) insurance, <br />with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance <br />throughout the Term. <br /> <br />If Special Counsel fails or refuses to produce and maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not affect Special Counsel's right to be paid <br /> <br />2 <br />